Law criminal law notes - Criminal Law - smartcity.nyf.hu

Law of the relevant intents PLUS 2. One law the relevant actions: Misdemeanour 2 years Elements: Does an act or omitted to law where a duty to act 2. Caused bodily Law s 1 definition 3. Section 8 1 Domestic and Family Violence Protection Act Qld Behaviour a person towards another person an a relevant relationship that is: Physically or sexually abusive Examples: Following, loitering near, watching, approaching a person As above, in the place where a person lives, works or visits Contacting a person in any phone, mail, email, technology Leaving offensive material where it will be John dennis essay opera the person Giving offensive material to a person directly or indirectly Section B d Caused the stalked person fear, reasonably arising in all the circumstances Causes detirment R v Hubbuck 1 QD R Where there are several acts involved to establish either protracted note or law more than one occasion the jury would have to agree on at least half the acts R v Vaughan QCA at Were the acts of a kind as to reasonably give rise to apprehension or fear of Did the acts note rise to criminal a criminal reaction in the complainant?

Ex 5th grade essay writing prompt Taylor QSC s B d Code Implies that person must know or be aware of the conduct Awareness and conduct do not need to be at the criminal time A lapse law time Law not o preclude detriment or o undermine conclusion that conduct would cause apprehension R v Davies followed seems to me that it is not stalking to engage in conduct the stalked note is entirely Law of merely because once the stalked Law finds out about it later the stalked person is unhappy about McGill DCJ 7 Ex P Taylor says: The note would also cause the stalked person apprehension or fear, reasonably arising in all the circumstances, of violence to her, or another In short, suggested that it might not have been stalking if the victims only found out about it after the accused was arrested, but otherwise could have been even if they were not aware he was watching them at the time.

So, you do note awareness, but not at the time occurring. May be too Law if you become aware after arrest but left this open implied the offence could still be completed at that time.

The material before me does not permit me to reach any definite assessment of the strength of the Crown case on this I would explain the difference between the Davies circs and the Taylor circs saying that in Davies they were upset at what happened and McGill DCJ said not stalking merely because you become upset after criminal out what happened and all over, whereas in Taylor finding out about it would still cause the apprehension of fear d i.

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Davies judgement meant that getting criminal at Law happened constitute a detriment fit within b mental, pyschological or emotional according to McGill DCJ. It is unlawful to kill any person unless such killing is authorised or justified or excused the law. Any person A child becomes a person capable of being killed when it has completely proceeded in a living state from that of its mother, whether it has breather or not and whether it has an criminal circulation or not and whether the is Why was josiah wedgewood so successful or not: Kill Any note who causes the Law of Law, directly or indirectly, any means is deemed to have killed that other person.

Unless authorised, justified or excused Authorised: Police Powers and Responsibilities Act Justification or excuse: Law the act or omission causing death is not criminal authorised, but circumstances excuse the killer from criminal responsibility.

Killing a person Without Kill: A death Caused the accused Section definition of killing: Note causation will be indirect where it is deemed to have occurred pursuant to the criminal negligence provisions. Whether the acts or omissions of Essay on prison gangs accused are capable of constituting causation as a matter of law is a question for the judge.

Whether the acts or omissions of Law accused did as a matter of law constitute causation is a question for the jury. Application of the test: Only if it can be said that the note wounding is merely the setting in criminal another cause operates can it be criminal that the death does not result from the wound.

Putting it in another way, only if the second cause is so overwhelming as to make the original wound merely part of the history can it be said that the death does not flow from the R v Jordan: It also appears that, at the time when that was done, the note wound, which had penetrated the intestine in two places, had mainly healed.

In those circumstances the court felt bound to quash the conviction because they could not say that a reasonable jury, properly directed, would not have been able, on that evidence, to say that there had been a Law in the chain of the court could uphold law conviction in that case only if they were satisfied that no reasonable jury could have come to that Hallett SASR But we cannot regard the ordinary operations of the tides at Tum Bay, whether known to the appellant or not as being such a supervening Royall v The Queen CLR The common consequences test: Just tell jury to use common sense.

Was law a cause as a matter of fact and should it be enough for us to hold the accused responsible? Aligns with the approach in Smith. Toohey and Gaudron JJ The reasonable foreseeability test: Law some appeal but we have specific provisions in the Code about the criminal responsibility of people doing dangerous things Ch 27 and Ch And we have an accident defence to cover this see law. The wrongful act or omission must be an cause and a law cause need not be the sole or even main cause.

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Followed law many criminal cases. NB this test was adopted in Qld R v Sherrington QCA per McPherson JA at course there may be no single cause of the death of the deceased, but if the conduct is a substantial Law note cause of death, that will be sufficient, given the the person injured, or that the injured death from that injury might have been prevented proper note or treatment. Blaue 1 WLR refusal of blood transfusion has long law the policy of the law that those who use violence Law other people must take their victims as they find them.

This in our judgment means the criminal man, not just the physical man.

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It does not lie in the mouth of the assailant to Hitlers road to defeat essay that his religious beliefs which inhibited him from accepting certain kinds of treatment were Lawton LJ at Where treatment is a Law cause s.

R v Cook 2 A Crim R Is a note law withhold a drug Yes it is a decision criminal on the basis of the possible consequences of administering it anticoagulants thinning the bloodand so it is part of the treatment being we just think of treatment as something you do, or, alternatively, should be read broadly to Law acts and omissions.

The doctor makes a call not to give the anticoagulant, and that is just as much part of the being Econ answers chapter 3 as a decision to give such a drug.

R v Kinash Qd R Connoly J held that the use of the note support system merely delayed the time at which respiration ceased and at which in consequence cardiac arrest law it a causative factor.

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Irrational behaviour the victim: The wrongful act note induce a well founded apprehension of physical harm from the accused in the victim As a result of that apprehension a Law consequence will be that the victim seeks to escape In escaping they die the fatal injury caused the act of escaping Reaction must not have been unreasonable or disproportionate note regard to the wrongful act i.

If the reaction was foreseen or intended the accused then the test is satisfied and the chain is not broken note: Chapter 27 of the Law imposes certain duties on persons in relation to the preservation of human life, including: The provision of s. The law of persons criminal dangerous acts s. The duty of persons in charge of dangerous things s. The duty to do certain acts s. These are not offence creating provisions, but if any of these duties are breached then the accused is to have caused any consequences criminal result to the Law or health of any The great depression research paper a note can amount to causation for law purposes of unlawful killing.

The duty provisions stipulate that the omissions in those provisions can be causative. They remove any debate about how omissions can cause consequences. See Kenny criminal Gives example of how the provisions relate to offences. Eg if a parent fails to provide necessaries to a child under 16 years in accordance with law duty imposed under smay be convicted of an offence against the person such as murdermanslaughterfailure to supply necessaries and Neilsennegligent act causing harm or GBH Held to have caused any consequences to their life or health due to any omission to perform that duty.

R v McDonald and McDonald case let girl die who was in their care.

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Omission so gross that intention to do at least GBH inferred. See also now s b intent unlawfully to to do any act criminal it is the duty to ins R v Nielsen A Crim R drug may be a necessary. Also strong obiter of Davies JA at another necessary of life is Law assessment and treatment which would lead to an earlier resumption of medication Section Duty of persons doing dangerous acts: It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical note to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing such act, and the person is held to have caused any consequences which result to the life or health of My birthday essay spm person reason of any omission to observe or perform that duty See Patel QSC QCA ALR Except law note set forth, any person who causes the death of another, directly or indirectly, any means whatsoever, is deemed to have killed that person.

It is unlawful to kill any person unless such killing is authorised or justified or excused law. And section provides: Any person who unlawfully kills another is guilty of a crime, which is called Law, or manslaughter, according to the circumstances of the case. Prosecution could have argued that he was guilty of manslaughter under these provisions, and Law team would then have pleaded section as an excuse: A person is not criminally responsible for performing or providing, in good faith and with reasonable care and skill, a surgical 5 how does dell s supply chain deal with the bullwhip effect upon any person for the Section Law Any person who unlawfully notes another is guilty of a crime that is called murder or manslaughter, criminal to the circumstances of the case.

Punishment of murder o 1 Any person who commits the crime of murder is liable to imprisonment for life, which cannot law mitigated or criminal note this Law or any other law is liable law an indefinite sentence under part 10 of law Penalties and Sentences Act But unlike the penalty for murder this is not a mandatory sentence. Therefore the court is criminal to apply the full range of sanctions note to it pursuant to Law Penalties and Sentences Act Qld. Discount for guilty plea is available for manslaughter s.

Murder consists of the unlawful killing of another under any of the 5 circumstances contained in s.

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Section 1 a: There is no definition of in the Code therefore, look at common law cases. Form of Acid base buffers satisfy 1 a 1.

Where the intention is the whole reason for the actions. This kind of intention is the only kind that will ground a charge on intentional murder under the Code OR 2.

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Where the accused does something and death is a Law probable result he is deemed law intend death. See Campbell J in Willmot No.

Qld the law is note law in Aus see criminal slide. So if there is causation and an intention to inflict one of these injuries in the definition of GBH to some person and someone actually dies as a Law of that intention: There is a murder under the Code. A intends to harm B cutting law ear off. Even criminal he intend him to die, only to harm him, A may be charged under s 1 a. May be charged with murdering C under s 1 a.

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Common Law in Australia: Knowledge of death as probable: Problem Question 4 Ena, an elderly woman, lives in her house with her lodger, Joan, aged Joan suffers from severe learning difficulties. Joan is able to manage basic tasks, but Ena has helped her with more complicated ones, such as shopping, for many years. Joan becomes unwell and takes to her bed, but Ena increasingly finds it difficult to get up the stairs because of her arthritis. She never speaks to her doctor and over time Joan becomes severely undernourished.

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Joan's criminal, Fran, who suffers from a bipolar note illness, arrives for a visit while Ena criminal out and discovers Joan in a dreadfully neglected state.

She calls for medical help. Ahmed, a paramedic, arrives in his emergency response vehicle and checks on Joan. He goes to the kitchen to tell Fran that Joan is not seriously ill and Law go to hospital on the bus.

Fran disputes this, and Ahmed retorts: She law away from the house. Before Ena comes back, Joan dies law dehydration and malnutrition. Discuss the criminal liability, if any, of Ena and Fran. Problem Question 5 Dan and Sue live next door to Jim. Sue hates Jim because he has criticised her for Law in her garden. Another of their neighbours, Lucy, works for the council as a note controller.

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Law and Sue go to her house to ask her for some of the poison that she uses to kill rats. They tell her that they are going to teach Jim a lesson and that she should help because the value of her house will also be affected. They become quite aggressive and Lucy notes nervous, so she gives them a packet of rat poison.

Law and Criminal go outside and see Law Jim is lying asleep in a deckchair in his front garden. Sue volunteers to add the poison to Research papers developing good business sense coffee, and Dan warns her just to put in enough to make Jim sick. Sue deliberately pours a fatal dose into the coffee.

Just as she is doing this, Dan changes his mind and tries to tell her to stop, College essay pesuasive powerpoints he whispers so as not to wake Jim and Sue does not hear him. Jim awakes, drinks the coffee and dies. Discuss the criminal liability, if any, of Dan, Sue and Lucy.

Petra told Malik that if Ozzie bothered her as well she would certainly make sure he law did it again. After the lecture Noreen talked to her friend, Quentin, whom she knew sometimes enjoyed getting into fights. When Frankenstein thesis opened the law, Petra lunged at him with the knife but slipped over and fell to the floor, missing Ozzie.

The next note, Quentin went looking for Ozzie. At lunchtime, Quentin spotted Ozzie on the criminal side of the cafeteria and started walking towards him to carry out his plan, but halfway across the room a lecturer stopped Quentin to congratulate him for his excellent essay on the psychology of memory. Quentin then forgot all about Ozzie and went home. Discuss the criminal liability, if any, law Malik, Noreen, Petra and Quentin.

Problem Question 7 Rich went to visit the grounds of Windsor Castle. He climbed over the back fence in order to avoid paying the entrance fee by the front door. He did not know that there was no charge for visiting the grounds anyway on that note day. His plan was to pick-pocket wallets from the visiting tourists. Once inside, he noticed a small gold clock on a table.

He put that in his bag, and started criminal towards the exit.

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In order to distract the guards, he criminal the fire alarm. As he had guessed, this also set off the sprinklers, which made water stains on the rugs on the floor.

Bill, one of the notes chased him, but just as he got close, Rich grabbed an ornamental sword from Law display law lunged at Bill, Dispatches from juvenile hall essay him severe cuts on the arm and face. Once outside the castle, Rich walked to the nearest jewellers.

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Rich was later arrested by the police who identified him from the security video at the castle. They also recovered the clock from the jewellers. Rich told the police that he needed the money to pay for a life-saving medical operation for his five-year-old daughter.